Wednesday, February th5 , 2020 TO: PLANNING COMMISSION ... · innovation center.. scale: 1" = 50' 0...

COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT 310 Institute St, PO Box 246 / Smithfield, VA 23431 / 1-(757)-365-4200 / Fax 1-(757)-357-9933

www.smithfieldva.gov

Wednesday, February 5th, 2020

TO: PLANNING COMMISSION

FROM: JOHN SETTLE, COMMUNITY DEVELOPMENT & PLANNING DIRECTOR

RE: PLANNING COMMISSION MEETING

The Planning Commission will hold its regular meeting on Tuesday, February 11th, 2020 at 6:30

PM in Conference Rooms A&B at the Smithfield Center (220 N Church St).

Please call 1-(757)-365-4200 or email [email protected] with any questions.

Enclosures

cc: Town Council

William H. Riddick, III, Town Attorney

The Smithfield Times

The Daily Press

File

http://www.smithfieldva.gov/mailto:[email protected]

SMITHFIELD PLANNING COMMISSION MEETING AGENDA

Tuesday, February 11th, 2020

1) Community Development & Planning Director’s Report: -Welcoming of Rev. Dr. Lilton Marks, the Planning Commission’s newest member!

-Reading of the Resolution of Appreciation for Bill Davidson, adopted by the Town

Council at its Tuesday, February 4th, 2020 meeting (see Attachment 1).

- The final draft of the 2019 Isle of Wight County Comprehensive Plan was adopted by

the Isle of Wight County Board of Supervisors at its Thursday, January 16th, 2020

meeting. The plan will soon be available online.

2) Upcoming Meetings and Activities: Tuesday, February 18th, 6:30 PM – Board of Historic & Architectural Review Meeting

Monday, February 24th, 6:30 PM – Town Council Committee Meetings

Tuesday, February 25th, 6:30 PM – Town Council Committee Meetings

Tuesday, March 3rd, 6:30 PM – Town Council Meeting

Tuesday, March 10th, 4:00 PM – Pinewood Heights Management Team Meeting

Tuesday, March 10th, 6:30 PM – Planning Commission Meeting

3) Public Comments: The public is invited to speak to the Planning Commission on any matters, except

scheduled public hearing(s). Please use the sign-up sheet. Comments are limited to five

(5) minutes per person. Any required response(s) from the Town will be provided in

writing following the meeting.

4) Planning Commission Comments

5) Entrance Corridor Overlay (ECO) Design Review (After-the-Fact) – 1402B S

Church St, AOO Ventures, LLC, C/O Anna Chapman, applicant. (Staff report and

illustration enclosed.)

6) Site Plan Amendment & ECO Design Review – 401, 451 & Lot 10, N Church St,

Smithfield Foods, Inc., C/O Jason Reale, applicant. (Staff report, application, and

illustrations enclosed.)

7) *Public Hearing* Special Use Permit (SUP, After-the-Fact) – 865 W Main St, SB

Cox Ready Mix, Inc., C/O Gordon Holloway, applicant. (Staff report, application, and

illustration enclosed.)

8) *Discussion Item* SUP, Comprehensive Plan Amendment & Official Zoning Map

Amendment (Rezoning) – 803 S Church St, Ted & Polly Boothe, C/O Nicholas Hess

& Derek Joyner, applicants. (Staff report, applications, and assorted attachments

enclosed.)

9) *Discussion Item* Smithfield Zoning Ordinance Article 3.G Text Amendment – 903

S Church St, Ritter Properties, LLC, C/O Matthew Cunningham, applicant. (Staff

report, application, assorted attachments enclosed.)

10) Approval of the Tuesday, December 10th, 2020 meeting minutes. (Enclosed.)

11) Adjournment

NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA)

Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with

disabilities in order to participate in or attend Planning Commission meetings. ADA compliant hearing devices

are available for use upon request. Please call 1-(757)-365-4200 at least twenty-four (24) hours prior to the

meeting date so that proper arrangements may be made.

Resolution of Appreciation

WHEREAS, Mr. Bill Davidson a resident of Smithfield proudly served the citizens of Smithfield as an appointed official for eleven (11) years; and

WHEREAS, Mr. Davidson was appointed by Town Council to serve on the Smithfield Planning Commission on November 4th, 2008 to fill an unexpired term. When

the unexpired term ended January 2012 he was reappointed and continued to serve until

January 31, 2020. Over the course of these eleven (11) years, Mr. Davidson served four

(4) years as Vice Chair and three (3) years as Chair of the Smithfield Planning

Commission; and

WHEREAS, during this time Mr. Davidson demonstrated excellent leadership qualities in local government on the Smithfield Planning Commission with numerous

accomplishments to benefit the Town of Smithfield; and

THEREFORE, BE IT RESOLVED that I, T. Carter Williams, Mayor of the Town of Smithfield on behalf of the Town Council wish to formally extend to Mr. Davidson on

this 4th day of February 2020 our sincere appreciation for his dedication and loyal service

to the Town of Smithfield as a member of the Smithfield Planning Commission for the

past eleven years; and

BE IT FURTHER, RESOLVED, that this resolution will be spread upon the permanent records of the Town of Smithfield and that a suitable copy thereof be

delivered to Mr. Davidson.

Mayor T. Carter Williams Town of Smithfield, Virginia

ATTACHMENT 1

PLANNING COMMISSION STAFF REPORT:

ECO DESIGN REVIEW APPLICATION (AFTER-THE-FACT)

TUESDAY, FEBRUARY 11TH, 2020, 6:30 PM

Applicant Grafik Trenz, LLC

C/O Anna Chapman

1402B S Church St

Smithfield, VA 23430

Owner AOO Ventures, LLC

C/O Butler Barrett

314 S Main St

Emporia, VA 23847

Property 1400, 1402A, 1402B & 1402C S Church St

TPINs 22A-30-005 & 21A-30-006

0.9052 ac SW side S Church St

S corner S Church St & Mercer St

Zoning Highway Retail Commercial (HRC) & Entrance Corridor Overlay (ECO)

Adjacent Zoning Attached Residential (AR), Neighborhood Residential (NR), Residential

Office (RO), ECO & HRC

Project Description On or before Wednesday, January 29th, 2020, the applicant erected a

storage shed at the property in question. This shed was relocated from the

applicant’s previous location at 1012 S Church St (TPIN 21A-32-000N).

The shed currently faces S Church St, but the applicant has indicated that

they want to turn the shed around so that it faces the rear of the property.

Recommendation Town staff recommends approval under the following conditions:

(1) The siding of the shed must be painted a grayish-blue color with white

trim to match the color scheme of the adjacent primary building.

(2) The shed must be moved from its current position (boxed in red on the

attached illustration) to the position boxed in blue on the attached

illustration- this is so that the shed can be brought into compliance

with Smithfield Zoning Ordinance (SZO) Section 2.P.6, which states:

Accessory buildings on lots in commercial and industrial districts

which abut a residential district shall be located a minimum of fifty

feet (50’) from such residential district line.

Please direct inquiries to John Settle at 1-(757)-365-4200 or [email protected].

mailto:[email protected]


SITE PLAN AMENDMENT & ECO DESIGN REVIEW APPLICATION


Applicant Smithfield Foods, Inc.

C/O Jason Reale

111 N Church St


Owner s Smithfield Packing Smithfield Ham & Ivy Hill

Company, Inc. Products, Inc. Cemetery

PO Box 9004 PO Box 9004 13004 Great Spring Rd

Smithfield VA 23431 Smithfield VA 23431 Smithfield VA 23430

Property 401, 451 & Lot 10, N Church St

TPINs 21A-01-010, 21A-01-022 & 21A-01-023

97.6 ac W side N Church St

N Church St & Clontz Way

Zoning Entrance Corridor Overlay (ECO),

Environmental Conservation (EC) &

Heavy Indusrial (I2)

Adjacent Zoning Commercial/Industrial (C/I), Neighborhood Residential (NR),

ECO, EC & I2

Project Description The applicant wishes to make three (3) improvements on the premises:

(1) The addition of approximately 3,500 square feet of concrete to the existing

asphalt driveway in order to cover areas currently surfaced in a dilapidated

gravel bed. This is proposed to remedy an ongoing problem with trucks off-

tracking while turning left off of the driveway to access a loading area to the rear

of the building at 401 N Church St.

(2) The installation of a drop inlet, discharge pipe, and riprap outfall beneath the

asphalt driveway where it makes a hard bend to the left in the approach to Ivy

Hill Cemetery- this is proposed to remedy an ongoing drainage problem at the

cemetery.

(3) The applicant has volunteered the planting of approximately twenty-one (21)

Crape Myrtle trees on twenty-five foot (25’) centers along the northern side of

the driveway to match the existing trees along the southern side of the driveway.

Town staff will note that the plans reference the installation of an “Aspen” style EP

Henry cast stone wall along the rearmost portion of the outer edge of the proposed

additional driveway area, similar in appearance to other stone structures located

onsite. The applicants have indicated that this improvement will not be a part of this

project.

Recommendation Town staff recommends approval as submitted.



INNOVATION CENTER

EXISTING EDGE

OF PAVEMENT

PROPERTY LINE

PROPERTY LINE

EXISTING EDGE

OF PAVEMENT

EXISTING

FENCE LINE

EXISTING EDGE OF

GRASS AREA

GRASSED

AREA

GRASSED

AREA

GRASSED

AREA

IVY HILL

CEMETERY

EXISTING WATER

SERVICE

EXISTING PVC

PROCESS

FORCEMAIN

Page

Scale =

Project #

Date:

Approved By:

Drawn By:

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JMR

5.9.2018

1"=30'

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INNOVATION CENTER

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ID

5.9.2018

..

SCALE: 1" = 30'

0 15 30

NEW DRIVE APRON - SEE

DETAIL THIS SHEET

80.0' 54.1'50.9'

R 100'

R 100'

20'

195.5'

24" CONCRETE DRIVE

AISLE WIDENING

2.0

'

2%

S

LO

PE

SAWCUT EDGE OF PAVEMENT

TO PROVIDE SQUARE EDGE

FOR NEW CONCRETE (TYP)

39.6 EDGE OF CONCRETE

PROVIDE 2%

SLOPE TO

EOP (TYP)

SEE CONCRETE DETAIL - THIS

SHEET

Page

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Date:

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SEE SHEET

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INNOVATION CENTER

..

SCALE: 1" = 20'

0 10 20

SCALE: 1" = 30'

0 15 30

39.3 TW

38.7 BW

38.8 TW

37.6 BW

TERMINATE STONE WALL WHEN

EXISTING AND PROPOSED GRADE

DIFFERENTIAL IS LESS THAN 6"

STONE WALL TO BE EP HENRY CAST STONE

WALL "ASPEN" WITH RANDOM FACE AND

APPROPRIATE CAPS (OR APPROVED EQUAL).

INSTALL PER MANUFACTURES

RECOMMENDATIONS

DRIVE APRON SITE DETAIL

COMPACTED SUBGRADE

6" COMPACTED 21A STONE

6" VDOT CLASS A-3

PORTLAND CEMENT

CONCRETE

4"x4" 6/6 WOVEN WIRE

FABRIC - 2" FROM

SURFACE

NO SCALE

CONCRETE DRIVE SURFACE

NOTES:

- COMPACT SUBGRADE

TO 95% STANDARD

PROCTOR

- PROVIDE CONTROL

AND EXPANSION

JOINTS PER VDOT

SPECIFICATIONS

DO

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4:1 S

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TIE EXISTING GRADE INTO

EDGE OF CONCRETE - MAX

SLOPE 4:1

4

:

1

S

L

O

P

E



SCALE: 1" = 20'

0 10 20

DRIVE APRON BID ALTERNATE WITH WALL

5.9.2018

INNOVATION CENTER

IVY HILL

CEMETERY

Page

Scale =

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Date:

Approved By:

Drawn By:

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SEE SHEET

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SCALE: 1" = 50'

0 25 50

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RIP-RAP PIPE

OUTFALL

PROPOSED INLET

DISCHARGE PIPE

PROPOSED INLET

COORDINATE ACTUAL

PLACEMENT IN FIELD

(SEE IMAGE 1&2)

- PROPOSED CRAPE MYRTLE ON 25' CENTERS

- PROVIDE 15 GALLON SIZE

- COORDINATE SPECIES WITH THOSE FOUND AT SMITHFIELD

FOODS INNOVATION CENTER

5.9.2018

- EXISTING UTILITIES PLACED FROM OLD

CONSTRUCTIONS DRAWINGS.

- CONTRACTOR TO VERIFY LOCATION

RELATED TO PROPOSED STRUCTURES

AND DISCHARGE PIPE

- CONFLICTS AND FINAL

INLET/DISCHARGE PIPE TO BE

COORDINATED WITH OWNER

EXISTING WATER

SERVICE

EXISTING PVC

PROCESS

FORCEMAIN


*PUBLIC HEARING* SPECIAL USE PERMIT (AFTER-THE-FACT)


Applicant SB Cox Ready Mix, Inc.

C/O Gordon Holloway

865 W Main St


Owner Ibid.

Property 865 W Main St

TPIN 21-01-071

8.48 ac SE W Main St

150’ SW W Main St & Hearn Dr

Zoning Heavy Industrial (I2) & Entrance Corridor Overlay (ECO)

Adjacent Zoning Community Conservation (CC), Highway Retail Commercial (HRC),

Light Industrial (I1), Mobile Home Park (MHP), ECO & I2

Project Description On or before Monday, August 12th, 2019, the applicants installed a private

well on the premises. Because the property is located within the Heavy

Industrial (I2) zoning district and is occupied by non-residential uses, this

action conflicted with Smithfield Town Code (STC) Section 82-45, which

reads:

Where a public water supply is available in the Town, it shall be

unlawful to connect a . . . commercial structure to a private well or

other water supply, except as may be approved by the Town

Manager on a temporary basis, or by approval of a Special Use

Permit (SUP) in accordance with the provisions of the . . .

[Smithfield] Zoning Ordinance (SZO).

At no point had the Town Manager approved the use of the well on a

temporary basis, nor were private wells permissible in the I2 zoning

district, pursuant to SZO Article 3.L. Consequently, the applicants applied

for a text amendment to allow for the addition of Section 3.L.C.34 to the

SZO, which was to read:

Private wells for the purpose of batching and mixing concrete.

At its Tuesday, January 7th, 2020 meeting, the Town Council approved the

applicants’ after-the-fact text amendment. The applicants are now

applying for an SUP pursuant to SZO Section 3.L.C.34 in order to retain,

connect to, and utilize their well for the purpose of batching and mixing

concrete.

Recommendation The applicants have indicated that they intend to leave the cement plant

connected to the Town’s water system, but admit that continued use of

Town water at the cement plant will be minimal. They have also indicated

that two water connections exist at the property in question.

Town staff recommends that the Planning Commission report favorably on

this application to the Town Council, under the condition that the

applicants maintain both of their connections to the Town’s water system.




SPECIAL USE PERMIT,

COMPREHENSIVE PLAN AMENDMENT &

OFFICIAL ZONING MAP AMENDMENT

*DISCUSSION ITEM: TUESDAY, FEBRUARY 11TH, 2020, 6:30 PM*

Applicants Nicholas Hess Derek Joyner

223 S Church St 15765 Breezy Hill Ln

Smithfield, VA 23430 Smithfield, VA 23430

Owners Ted & Polly Boothe

304 Ridgeland Rd


Proposed Project Tasting Room & Restaurant (Fast Food Restaurant w/o Drive-Thru Facilities)

Property 803 S Church St

TPIN 21A-01-484

0.23 ac NE side S Church St

200’ SE S Church St & Jordan Dr

Rezoning Acreage 0.23 ac

Development Acreage Ibid.

Site Access 2 Entrances S Church St (Existing)

1 Entrance S Church St (Proposed)

Zoning Entrance Corridor Overlay (ECO) & Residential Office (RO)

Adjacent Zoning Highway Retail Commercial (HRC), ECO & RO

Proposed Zoning ECO & RO

Future Land Use (FLU) RO

Adjacent FLU Multifamily/Retirement (MFR)

Proposed FLU Retail Commercial (RC)

Project Description The applicants are proposing to operate a tasting room and restaurant at the

property in question. The existing improvements onsite entail two (2) paved

entrances on S Church St, a paved driveway and parking area (believed to be the

remnants of the old S Church St), a deteriorated gravel driveway and parking

area, an approximately seventy (70) square foot storage shed, a freestanding

sign, connection to a private well, connection to the public sewer system, and an

approximately 750 square foot commercial building dating to 1931 and known

historically as the Red Point Service Station.

The applicants wish to improve the site by closing one (1) of the entrances on S

Church St with a series of raised flower beds, expanding the paved

driveway/parking area by a total of three (3) spaces located south of the building,

restoring and expanding the dilapidated gravel driveway and parking area and

dedicating four (4) parking spaces along the northwest side of the building,

relocating the existing storage shed to a position at the back of the property,

connecting to the public water system, and constructing an approximately 410

square foot patio to the rear of the primary building.

The desired use for the property would be classified as a “fast food restaurant

without drive-through facilities”. The only zoning district in which this use is

permissible is the Highway Retail Commercial (HRC) zoning district, pursuant

to Smithfield Zoning Ordinance (SZO) Section 3.I.B.4. Because the property is

currently zoned Residential Office (RO), it became apparent that an application

to amend the Town’s Official Zoning Map (OZM) would be necessary (this is

often referred to as a “rezoning”).

The most essential Town publication to consult during the rezoning process is

the Town’s Comprehensive Plan, specifically the Future Land Use Map

(FLUM). The entirety of the property in question on the FLUM is designated as

remaining RO in the future, which accommodates the current zoning as RO.

Consequently, the proposed rezoning is in conflict with the FLUM, and a

Comprehensive Plan Amendment is necessary.

This application’s conflict with the FLUM is lessened when examined within the

context of the Comprehensive Plan itself. The applicants, in their attached

narrative, direct the readers’ attention to the following:

The property in question is located within the John Rolfe Planning Area,

which was identified in the 2009 Comprehensive Plan as an area in

which a dynamic commercial center could be expected and should be

encouraged in the future. Additionally, the same Plan changed the

future land use category for this particular area from ‘Residential

Office’ to ‘Residential Office Transitional,’ highlighting the

encouragement of commercial growth within this area. A successful

conditional rezoning of the adjacent property (805 S Church St) nearly

two decades ago to the same zoning district sought by this application

was one of the earliest steps in narrowing the commercial gap on S

Church St between Red Point Dr and Talbot Dr.

The applicants’ argument is thorough and well-founded- the RO-zoned

properties along S Church St between Red Point Dr and Talbot Dr are currently

occupied by a mixture of residential and non-residential uses of varying levels of

intensity. Additionally, the Town Council’s approval of the conditional rezoning

application for 805 S Church St (TPIN 21A-01-485) on Tuesday, May 2nd, 2000

was arguably the first major step in this direction.

The proposed general development plan submitted for the rezoning of the

property features a number of new improvements which conflict with several

standards contained in Article 8 of the SZO- the Town’s parking and loading

standards. Consequently, the applicants have applied for a Special Use Permit

(SUP) for a waiver of parking and loading requirements pursuant to SZO Section

3.I.C.30 for relief from the following standards:

8.B.6(a): The use of gravel as a parking lot surface.

8.B.6(b): The use of gravel as a parking lot surface.

8.C.1(b): A reduction in the minimum required parking lot travel way

width from twenty-four feet (24’) to a width ranging from 16.3’

to twenty feet (20’)- individual lane widths are reduced in kind

from twelve feet (12’) to a range of 8.15’ to ten feet (10’).

8.E.18: The reduction of the minimum number of required parking

spaces from eleven (11) spaces to seven (7) spaces in total.

8.F.2.a: The waiving of the requirement of a dedicated, fifteen foot (15’)

by twenty-five foot (25’) loading space.

8.H.1: The waiving of the requirement of a dedicated, thirteen foot

(13’) by eighteen foot (18’) handicapped parking space.

This application has resulted in requests for comments from several agencies

outside of the Smithfield Community Development & Planning Department:

Smithfield Police Department (SPD) . . . . . . . . . . . . . . . . . . . . . . . . . Enclosure 1

Virginia Department of Transportation (VDOT) . . . . . . . . . . . . . . . . Enclosure 2

Smithfield Volunteer Fire Department (SVFD) . . . . . . . . . . . . . . . . . Enclosure 3

Isle of Wight County Stormwater Division . . . . . . . . . . . . . . . . . . . . . Enclosure 4

Isle of Wight County Schools (IWCS) . . . . . . . . . . . . . . . . . . . . . . . . Enclosure 5

Isle of Wight County Planning & Zoning . . . . . . . . . . . . . . . . . . . . . . Enclosure 6

Smithfield Engineering & Public Works Department . . . . . . . . . . . . . Enclosure 7

VA Dept. of Historic Resources (DHR) . . . . . (Awaiting Comments) Enclosure 8

In an effort to expedite the site plan review process immediately following the

rezoning, comprehensive plan amendment, and SUP application processes, the

Community Development & Planning Department offers the following

comments to the applicants:

(1) The applicants must indicate how they intend to manage refuse generated

onsite. All refuse management plans must be compliant with SZO Section

3.H.2.

(2) The applicants must submit a signed letter to the Town, in which they

guarantee that no trees will be removed from the site as a part of this project,

pursuant to SZO Section 3.R.D.6.

(3) One of the parking spaces in the parking area south of building must be

moved to a position immediately southwest of parking space four (4) in the

parking area located northwest of the building. The remaining two (2)

spaces in the parking area located south of the building must be relocated to

a position at least ten feet (10’) from the lot line shared with 805 S Church

St, pursuant to SZO Section 3.R.H.1.b.

(4) One (1) of the applicants’ proposed parking spaces should be a dedicated

handicapped parking space, pursuant to SZO Section 8.H.1. It would be

prudent for the applicants to substitute their waiver request from this

standard with one for relief from SZO Section 8.H.5, effectively reducing the

required handicapped parking space width from thirteen feet (13’) to nine

feet (9’).

(5) Town staff calculates that approximately eight-hundred (800) square feet of

the site is currently covered by tree canopy, which is two-hundred (200)

square feet shy of the required 1,002 square feet, or ten percent (10%) of the

overall site area, pursuant to SZO Section 9.C.2.a. Consequently, a tree

planting(s) compliant with SZO Section 9.C.3 should be planted in the

extreme southern corner of the property, in the area located between the

proposed parking spaces, the existing pavement, and the lot line shared with

805 S Church St, pursuant to SZO Section 9.D.1.a. This planting(s) should,

at maturity, provide enough tree canopy coverage to bring the property into

compliance with SZO Section 9.C.2.a. A landscaping bond for this

planting(s) must be submitted to the Town prior to the issuance of a zoning

permit, pursuant to SZO Section 9.G.

The entirety of the rezoning application can be viewed in the pages immediately

succeeding this staff report.

The purpose of this discussion item is to discern whether or not the Planning

Commission is ready to proceed to a public hearing in March of this year, and/or

if there are additional items that Planning Commissioners would like to see

included in the application before proceeding. Additionally, the applicants are

available for questions from the Planning Commission.



We would like to install the proffered improvements to the driveway shared with 801A S. Church St by 6/1/2022.

{3)

{4)

804 S Church St {TPIN 21A-01-525)

Fay Major

804 S Church St


805 S Church St {TPIN 21A-01-485)

Buggs Bluff, LLC

C/0 Robert & Yvonne May

11462 Raynor Rd


(5) 806 S Church St {TPIN 21A-01-526)

Donald Powell

806 S Church St


(6) 808 S Church St {TPIN 21A-01-527)

Tony & Christine Wilson

808 S Church St


12. 1045.00 due before town meeting.

From: Alonzo HowellTo: John SettleSubject: RE: 803 S Church StDate: Friday, January 3, 2020 11:28:45 AMAttachments: image001.png

Thank you John for the update. I have no concern for the rezoning of this property as long as thebusiness owners operate within the guidelines of all state, local and federal laws.

Alonzo

From: John Settle Sent: Thursday, January 02, 2020 5:26 PMTo: [email protected]; Amy Ring ; Melissa A. Lindgren; [email protected]; Melissa Lindgren, P.E.([email protected]) ; [email protected];Jeff Smith ; Sandy Wanner ; Jessie Snead; Wayne Griffin ; Joseph Reish; Alonzo Howell ; Jerry Hackney([email protected]) ; Matthew Rogers; Joshua Norris ([email protected]); Tommy Catlett, P.E. ([email protected]); William H. Riddick, III ; Wagner, Marc; [email protected]: 803 S Church St

Good evening all!

Please see the attached .PDF for the applications and all applicable documents for acomprehensive plan amendment, Special Use Permit (SUP), and conditional rezoningof approximately 0.23 acres at 803 S Church St (TPIN 21A-01-484).

The comprehensive plan amendment entails changing the future land use map’sdesignation of the property from “residential office” to “retail commercial.”

The conditional rezoning entails amending the official zoning map’s designation ofthe property from “residential office” to “highway retail commercial (HRC).”

The SUP application is for a waiver of parking and loading requirements, pursuant toSmithfield Zoning Ordinance (SZO) Sections 3.G.C.20 and/or 3.I.C.30.

The purpose of these applications is to accommodate a taphouse or tasting room use. Under SZO Section 13.B, such uses are the closest in nature to the “fast foodrestaurant (without drive-through facilities)” use, which is permissible only in theHRC district.

Please review and return comments by the close of the business day on Monday,

ENCLOSURE 1

mailto:[email protected]:[email protected]

jsettleHighlight

VirginiaDOT.org

WE KEEP VIRGINIA MOVING

COMMONWEALTH of VIRGINIA

DEPARTMENT OF TRANSPORTATION 23116 Meherrin Road

COURTLAND, VIRGINIA 23837

January 28, 2020

John Settle

Planning & Zoning Administrator

310 Institute Street


RE: Joyner & Hess Rezoning

803 S. Church St.


The Residency has completed its review of the submitted rezoning application dated December 2, 2019

and received by the VDOT Land Development Office on January 2, 2020 for the proposed rezoning

from residential/office to highway retail commercial. We have the following comments:

1) In accordance with 24VAC30-73-110(C)(1), existing commercial entrances may be reviewed by

the district administrator’s designee, and reconstruction, relocation, commercial entrance

consolidation, or a combination of these, may be required when the property is subject to

development plan review or other legislative action. The submitted rezoning includes the

proposed closure of the eastern site entrance. The remaining entrance is not in compliance with

VDOT’s Access Management spacing standards, and will require an Access Management

Exception (AM-E). Please contact this office in order to begin the submission and approval

process of an exception request.

2) We recommend that a parking/access easement be granted across the flag portion of lot 21A-01-

483A, with a corresponding access easement granted across parcel 21A-01-484. The

parking/access easement will allow parking on 483A as necessary, and can be improved at a

future date if necessary. The access easement will allow 483A to continue using the existing

commercial entrance and path through 484 to provide residential access.

Upon final approval, a Land Use Permit will be required prior to any work within State maintained right

of way or easements. Additional information about Land Use Permitting as well as the required forms

can be found on the VDOT website at:

http://www.virginiadot.org/business/bu-landUsePermits.asp

ENCLOSURE 2

http://www.virginiadot.org/business/bu-landUsePermits.asp

Joyner & Hess Rezoning

January 28, 2020

2

VirginiaDOT.org

WE KEEP VIRGINIA MOVING

If you have any questions, please contact me at (757) 346-3068 or [email protected].

Sincerely,

Joshua R. Norris

Land Use Engineer

Virginia Department of Transportation

Franklin Residency

From: [email protected]: John SettleSubject: RE: 803 S Church StDate: Monday, February 3, 2020 6:16:44 PMAttachments: image001.png

Good evening John,

Based on what I've read in the attached, I do not have any objections or things to offer as changes. Of course ifused for restaurant use etc then appropriate codes need to be met and enforced by building/code official.

Thanks,

Call me if need me.

-Nick Savage, Fire Chief

From: John Settle Sent: 2/3/20 5:58 PMTo: undefinedSubject: RE: 803 S Church St

Good evening, all!

If you are in receipt of this email, it is because I have not yet received comments fromyou or your agency concerning the comprehensive plan amendment, Special UsePermit (SUP), and conditional rezoning of approximately 0.23 acres at 803 S ChurchSt (TPIN 21A-01-484).





ENCLOSURE 3

mailto:[email protected]:[email protected]

jsettleHighlight

From: Melissa A. LindgrenTo: John SettleSubject: RE: 803 S Church StDate: Tuesday, February 4, 2020 8:29:07 AMAttachments: image001.png

John, The stormwater division has no objections to this application. Please note that during the site planreview process Virginia Runoff Reduction Method calculations will need to be submitted along with astormwater management plan and an erosion and sediment control plan. This site would fall into a“redevelopment” scenario for stormwater compliance.Thanks,Melissa

From: John Settle Sent: Monday, February 3, 2020 5:59 PMSubject: RE: 803 S Church StGood evening, all!






Please review and return comments on this application (see the attached .PDF) assoon as possible, indicating either your approval of the proposal as submitted or thespecific deficiencies noted on the submitted material.

JOHN SETTLECommunity Development & Planning DirectorTown of Smithfield, Virginia310 Institute St, Smithfield, VA 234301-(757)[email protected]

ENCLOSURE 4

mailto:[email protected]:[email protected]:[email protected]

jsettleHighlight

jsettleHighlight

From: Lynn BriggsTo: John SettleCc: Dr. James ThorntonSubject: Re: 803 S Church StDate: Tuesday, February 4, 2020 7:52:44 AMAttachments: image001.png

John,

This application will not impact the school division.Thank you.

Lynn B. BriggsDirector of Community and Media RelationsIsle of Wight County Schools820 W. Main St.Smithfield, VA 23430757-365-1611 (o)757-603-1904 (c)www.iwcs.k12.va.us

On Mon, Feb 3, 2020 at 5:58 PM John Settle wrote:

Good evening, all!

If you are in receipt of this email, it is because I have not yet received commentsfrom you or your agency concerning the comprehensive plan amendment, SpecialUse Permit (SUP), and conditional rezoning of approximately 0.23 acres at 803 SChurch St (TPIN 21A-01-484).



The SUP application is for a waiver of parking and loading requirements, pursuantto Smithfield Zoning Ordinance (SZO) Sections 3.G.C.20 and/or 3.I.C.30.

ENCLOSURE 5

mailto:[email protected]:[email protected]:[email protected]://www.iwcs.k12.va.us/mailto:[email protected]

jsettleHighlight

From: Amy RingTo: John SettleSubject: RE: 803 S Church StDate: Tuesday, February 4, 2020 1:30:30 PMAttachments: image001.png

Hey John – thanks for the reminder – I blew right by this. As a department we offerno comments. Have a good week, Amy

Amy M. Ring, AICP, DirectorIsle of Wight County Community Development DepartmentPO Box 80Isle of Wight County, VA 23397(757) [email protected]

From: John Settle Sent: Monday, February 3, 2020 5:59 PMSubject: RE: 803 S Church StGood evening, all!






Please review and return comments on this application (see the attached .PDF) assoon as possible, indicating either your approval of the proposal as submitted or thespecific deficiencies noted on the submitted material.

JOHN SETTLECommunity Development & Planning DirectorTown of Smithfield, Virginia

ENCLOSURE 6

mailto:[email protected]:[email protected]:[email protected]

jsettleHighlight

From: Wayne GriffinTo: John Settle; Jeff Smith; Jessie SneadSubject: RE: 803 S Church StDate: Tuesday, February 4, 2020 4:49:30 PMAttachments: image001.png

John:

Yes this was the only requirement that we saw as far as this site was concerned, as I recall. As areminder, make sure VDOT has reviewed this site plan also.

Thanks,

Wayne A. GriffinTown EngineerEngineering & Public WorksPhone: 757-365-4253Fax: 757-357-9933

From: John Settle Sent: Monday, February 3, 2020 3:16 PMTo: Jeff Smith ; Jessie Snead ; Wayne Griffin

Subject: FW: 803 S Church St

Guys,

Please confirm that the only comment from Engineering & Public Works on thisapplication was the following:

The dedication of a twenty foot (20’) sanitary sewer utility easement over theportion of this property (803 S Church St, TPIN 21A-01-484) that is encumbered bythe existing sewer main that runs parallel with S Church St. This easement must becentered over the path of the existing sewer main, and must continue onto theportion of the adjacent property under common ownership (801A S Church St, TPIN21A-01-483A) that is encumbered by the same infrastructure.

JOHN SETTLECommunity Development & Planning DirectorTown of Smithfield, Virginia310 Institute St, Smithfield, VA 234301-(757)[email protected]

ENCLOSURE 7

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

jsettleHighlight

From: Wagner, MarcTo: John SettleSubject: Re: 803 S Church StDate: Wednesday, February 5, 2020 9:36:46 AMAttachments: image001.png

Hi John: Sorry for the delay in getting back. I am pulled away from the officeattending to family health matters. I will take a another look over the materials later,but this is a case we may not really have a comment on and we would defer to localexpertise. Marc

On Tue, Feb 4, 2020 at 5:31 PM John Settle wrote:

Howdy Marc!

Any movement on this on you all’s end?

I’d like to include comments from you guys in the staff report for the meeting nextTuesday night.

I know that you guys are probably really swamped right now!

JOHN SETTLE

Community Development & Planning Director

Town of Smithfield, Virginia

310 Institute St, Smithfield, VA 23430

1-(757)-365-4200

[email protected]

ENCLOSURE 8

mailto:[email protected]:[email protected]:[email protected]:[email protected]

jsettleHighlight


*DISCUSSION ITEM* TEXT AMENDMENT APPLICATION


Applicant MTC Water Wells, Inc.

C/O Matthew Cunningham

20109 Iwip Rd


Owner Ritter Properties, LLC

C/O Gene Ritter

132 Sykes Ct


Property 903 S Church St

TPIN 21A-01-493

2 ac NE side S Church St

100’ SE S Church St, Durham St & Talbot Dr

Zoning Entrance Corridor Overlay (ECO) & Residential Office (RO)

Adjacent Zoning Highway Retail Commercial (HRC), Neighborhood Residential (NR),

ECO & RO

Project Description On Friday, January 31st, 2020, Town staff received a service request to mark for

utilities at the property in question. The service request indicated that the applicant

was preparing to install a well on the premises. Smithfield Town Code (STC)

Section 82-45 addresses wells with the following language:

Where a public water supply is available in the Town, it shall be unlawful to

connect a residential or commercial structure to a private well or other

water supply, except as may be approved by the Town Manager on a

temporary basis, or by approval of a Special Use Permit (SUP) in

accordance with the provisions of the . . . [Smithfield] Zoning Ordinance

(SZO).

The Town Manager has not approved the use of the well on a temporary basis.

Additionally, the property in question is located within the Residential Office (RO)

zoning district, in which only irrigation wells are permissible, pursuant to SZO

Section 3.G.B.9. Both the applicant and the property owner have indicated that the

proposed well is to be utilized for mixing pesticides and washing commercial lawn

care equipment.

The applicant believes that the proposed well should be classified as an irrigation

well, which is a use that is not specifically defined in the SZO. In the absence of

clarity, Town staff consulted the Virginia Administrative Code (VAC), which

defines the term “irrigation” in at least two locations:

4VAC50-85-10: The application of water to land to assist in crop growth.

9VAC25-740-10: The application of water to land for plant use at a rate that

undesirable plant water stress does not occur.

Town staff subsequently determined that the proposed well could not be classified as

an irrigation well. Consequently, the applicants are applying for a text amendment to

allow for the addition of Section 3.G.C.21 to the SZO, which would read:

Private wells for the purpose of mixing pesticides and washing commercial

lawn care equipment.

If approved, the applicants would then have to apply for an SUP in order to install

and use the well.

Recommendation Town staff encourages discussion among the members of the Planning Commission

before proceeding to a public hearing and decision at a later meeting.



The applicant has been issued a Class IV well permit which is defined in the Virginia Administrative Code 12VAC5-630-360. (See above). Irrigation would be one of the more popular uses for this well classification. Other uses may include water supply for open loop geothermal heat pumps, filling bulk storage tanks, etc. All of these uses fall under Class IV VDH standards. Class IV wells cannot be used for any domestic uses. The proposed well would stand alone and not be interconnected to any existing plumbing on the property."

ATTACHMENTPROVIDED BY APPLICANT

Smithfield Zoning Ordinance September 1, 1998 ___________________________________________________________________________________

___________________________________________________________________________________

R-O, Residential Office District Article 3.G: 3

8. Accessory uses, to include tool sheds, detached garages and carports, children's

playhouses, doghouses and accessory off-street parking and loading spaces.

9. Irrigation wells.

(Ord. of 2019-09-03)

C. Uses Permitted by Special Use Permit:

1. Retail sales provided that there shall be no exterior or store-front displays.

2. Drive-in banks.

3. Residential apartments, as an ancillary use within a commercial structure and limited to

one dwelling unit per structure.

4. Bed and breakfast lodgings.

5. Medical care facilities, inclusive of inpatient facilities.

6. Funeral homes.

7. Parking lots (private or public, off-street as a principal use).

8. Public schools, colleges and universities.

9. Private schools, colleges and universities.

10. Any use incorporating a drive-thru facility.

11. Permitted and special permit uses on private water and sewer systems.

12. Foster homes, family care residences, and group homes serving mentally retarded and

developmentally disabled persons.

13. Accessory apartments.

14. Personal service establishments.

15. Home occupations.

16. Payday lending establishments, check-cashing establishments and pawn shops.

17. Waiver of maximum building height.

18. Waiver of lot size requirements.

19. Temporary real estate marketing offices for new subdivisions.

20. Waiver of Parking and Loading Requirements

21. Private wells for the purpose of mixing pesticides and washing commercial lawn care

equipment.

(Ord. of 2000-09-05; 2008-09-02; 2011-04-05; Ord. of 2017-02-07; Ord. of 2020-04-07)

D. Maximum Density:

1. Non-residential uses and accessory residential uses shall be regulated by floor area ratio.

A maximum floor area ratio equal to 0.25 shall apply to non-residential uses and

structures.

2. Residential dwellings: Subject to S-R District regulations.

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11_903SChurchStStaffReport12_903SChurchStAttachments2020020509370315720200204175630384Article 03.G (RO) Updated 2019

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